In the case of 

Genuino Ice Company vs. Magpantay, absence of four (4) days was declared not
tantamount to gross and habitual neglect of duty. The Supreme Court upheld the Court of
Appeals in finding that the employee has never been proven to be habitually absent in a span
of seven (7) years as the company’s employee.

Absenteeism may be sufficient ground to terminate employment Habitual tardiness is a form of

neglect of duty. Lack of initiative, diligence, and discipline to come to work on time everyday
exhibit the employee’s deportment towards work.

Habitual and excessive tardiness is inimical to the general productivity and business of the
employer. This is especially true when the tardiness and/or absenteeism occurred frequently
and repeatedly within an extensive period of time.

In a case where the employee committed several absences and tardiness but was never
penalized thereon, it was held that said infractions can be used collectively by the company as a
ground for dismissal. The Supreme Court, in affirming the finding of valid dismissal held that
the employee’s repeated and continuous absences without prior leave and his frequent
tardiness within the last two months prior to his dismissal exemplify his utter disregard for his
employment and his employer’s interest.

Tardiness or absenteeism must be habitual and incurred without leave for it to constitute gross
and habitual neglect of duties. Absences or tardiness due to emergency, ailment or fortuitous
events are justified.

Form No. 122 Notice to Explain (First Notice) – Habitual Tardiness

To : Name of Employee

From : Human Resources Manager or other authorized officer

Subject : Habitual Tardiness

Date : (Date of issuance of Notice)

The matter of your frequent tardiness has been brought to our attention. In particular, your
attendance records from ________ (date) to ____________ (date) show that you reported late for work on
the following dates: (enumerate specific dates of tardiness) _______________
Under the Labor Code, habitual tardiness constitutes gross and habitual neglect of duties which may
be a cause for suspension/termination.

In view of the foregoing, you are hereby required to submit a written explanation to this office within
five (5) days from receipt of this notice, stating why the Company should not impose the penalty of
suspension/dismissal for the act mentioned.

Furthermore, you are invited to a conference on _________ (date) at ___________ (venue) where you shall
be accorded the opportunity to express your side on the matter. You may be accompanied by your
own counsel at the said conference if you wish to be assisted by one.